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ITEM #: 2
DATE: -1.2=1.6i
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 5, 2016
CASE FILE NO.: ZBA 16-16
REQUEST: To approve a Special Use Permit to allow an Enlargement of a
Nonconforming Use in a Commercial Zone.
PROPERTY OWNER: Lincoln Park Co-op, Inc
CONTACT: Scott Renaud, Fox Engineering Associates
LOCATION: 3502 Lincoln Way
ZONING: "HOC' (Highway Oriented Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
Project Description. The property at 3502 Lincoln Way includes a multiple-family
residential development, Lincoln Park Apartments and a commercial office building.(see
Attachment A: Location Map, Aerial Photo of Apartment Area). The property is zoned
Highway Oriented Commercial (HOC). The site has a non-conforming use as a
residential use in a HOC zoning district. The site was originally developed under a
former zoning district known as Planned Commercial that allowed for both apartments
and commercial uses subject to City Council site plan approval. The existing multiple-
family residential development area contains twelve buildings with eight units each, an
office, existing accessory building, open space, and associated parking.
The applicant, Lincoln Park Co-op, Inc is requesting a Special Use Permit for
"Enlargement of a Nonconforming Use in a Commercial Zone." Granting of the request,
through approval of the Special Use Permit, would allow construction of a 44 x 40
(1,760 square foot) accessory structure with a mezzanine. The structure will be
approximately 20 feet in height to the peak of the roof. The two roll up doors are 10 feet
in height. The applicant describes the purpose and need for the accessory structure as
providing for storage of construction materials while a renovation of the complex occurs
over next couple of years. The structure will be permanent. A connection between the
proposed and existing accessory structures will be constructed with the building. Much
of the area surrounding the accessory structure will be paved to access the new
building and displace existing greenspace. The existing 24 x 24 accessory storage
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structure is approximately 12 feet in height to the ridge of the roof, but will be
unchanged with this proposal. (see Attachment C: Applicant's Site Plan with
Dimensions, E floor Plan).
The surrounding area is a mix of zoning and land uses. The properties to the north and
west are zoned "HOC" and commercial uses abut Lincoln Way. Single family exists to
the east and south of the site. These areas are zoned "RL". Franklin Park abuts the site
and is located between the multiple-family residential development and the single-family
area to the south.
Site Development & Zoning History. Lincoln Park apartments have been in existence
since 1968. It has remained relatively unchanged from the original approved site plan.
The rezoning of the site to PC allowed for the commercial office building to be built and
to allow for reduced and shared parking compared to development on standalone lots.
In 2001, an amendment to the site plan was approved to allow construction of a
maintenance shed and conversion of the existing office/maintenance shed to a
Laundromat for the complex. In 2006, the property owner split the site into two parcels.
Parcel H is the north parcel with the office development and Parcel J is the south parcel
containing the multiple-family residential development. (See Attachment 8: Zoning
Map.)
Zonis' `Histo :u
Year Zoning
1963 "A" Residence District
1965 "B" (Multiple Residence) District
1969 "R-3" (Multiple Family Dwelling) District
1979 "P-C" (Planned Commercial) District
2000 to Present "HOC" (Highway Oriented Commercial)
Parking. The site includes a large parking lot, which currently provides parking for the
apartment development and the commercial/office development to the north. This
parking lot exists on both parcels. A cross-access easement was approved in 2006 to
ensure that both sites have access to Lincoln Way and can circulate into and through
both sites. In 1984, a 3,500 square foot addition was approved for the commercial
development to the north that required a total of 189 parking spaces for the commercial
and apartment use. The proposed accessory structure does not change the amount of
parking required for the residential development directly, but the driveway to access the
building will likely displace existing spaces. The parking lot layout is to remain
unchanged with this site plan so as to not create a non-conformity in required parking.
Therefore, 189 stalls must be provided to be consistent with the approved parking
standard for the site.
Nonconforming Use/Zoning. The HOC district does not permit multiple-family
residential developments. However, when this development was originally approved
and constructed the zoning was "B", Multiple Residence District, and was a permitted
use. The current zoning designation, HOC, replaced the prior PC zoning district and
makes this a nonconforming use. The PC zoning district approved site plan is the
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approved arrangement of the uses and improvements for the site. Although the site is
zoned commercial, the property itself has a residential use and a new commercial use
cannot be established in combination with the apartment buildings. The only way to add
improvements to the site is if it is consistent with the requirements of enlarging a non-
conforming use. Since the proposal is a new accessory building, not a principal building
with a non-conforming use, staff has interpreted the non-conforming expansion
standard restriction of a 125% enlargement of a building to not apply. The general
findings of special use permit control the size and configuration of the request.
APPLICABLE LAW:
The Special Use Permit request is for an expansion of an accessory structure related to
a non-conforming residential use. The review of the Special Use Permit is to consider
the compatibility of the expansion of the use in the current commercial zone and that the
proposed improvements are appropriate to support the existing use and site
improvements of the approved Site Development Plan.
An accessory structure must be related to the principle use on a site and subordinate to
the principal use, it cannot be for a principle use that is not allowed on a site. Accessory
buildings for apartment uses do not have a defined size limitation, only a limitation in
height of 80% of the principal structure or 20 feet, whichever is lower. The definition of
an accessory structure is part of Chapter 29.201 (5).
Accessory Structure means a subordinate structure detached from but located on the
same lot as a principal building. The use of an accessory structure must be incidental
and accessory to the use of the principal building. Accessory Structures include, but are
not limited to, garages, sheds, and fences.
Chapter 29, Section 29.307(2)(a)(i)(a) states the following:
(2) Nonconforming Uses. Any use of any structure or lot that was conforming or
validly nonconforming and otherwise lawful at the enactment date of this
ordinance and in nonconforming under the provisions of this Ordinance or that
shall be made nonconforming by a subsequent amendment, may be continued
so long as it remains otherwise lawful, subject to the standards and limitations of
this Section.
(a) A nonconforming use may not be increased in intensity and may not be
enlarged, expanded or extended to occupy parts of another structure or
portions of a lot that it did not occupy on the effective date of this
Ordinance, unless the enlargement, expansion or extension complies with
all requirements for the zone, does not created an additional
nonconformity, and is approved for a Special Use Permit by the Zoning
Board of Adjustment, pursuant to the procedures of Section 29.1503,
excluding 29.1503(4)(b)(vii) of the Review Criteria General Standards,
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except as described in subsection b. following.
(b) Any building or structure containing a nonconforming use may be
enlarged up to 125% of the floor area existing on the effective date of this
ordinance, provided that the expanded building or structure complies with
all density, coverage and spatial requirements of the zone in which it is
located.
Chapter 29, Section 29.1503(4)(a), (c) and (e) of the Municipal Code states the
following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the
Zoning Board of Adjustment shall establish that the following general standards,
as well as the specific standards outlined in subsection (b) below, where
applicable, have been or shall be satisfied. The Board's action shall be based on
stated findings of fact. The conditions imposed shall be construed as limitations
on the power of the Board to act. A mere finding that a use conforms to those
conditions or a recitation of those conditions, unaccompanied by specific findings
of fact, shall not be considered findings of fact for the purpose of complying with
this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use
meets the following standards, and in addition, shall find adequate
evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general principles
and proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or intended character
of the general vicinity and that such a use will not change the
essential character of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the
same general vicinity;
(iv) Be served adequately by essential public facilities and services
such as highways, streets, police, fire protection, drainage
structure, refuse disposal, water and sewage facilities, and/or
schools;
(v) Not create excessive additional requirements at public cost for
public facilities and services;
(vi) Not involve uses, activities, processes, materials, equipment or
conditions of operation that will be detrimental to any person,
property or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare, or odors; and
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
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(c) Commercial Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in
a commercial zone meets the following standards, as well as those set
forth in Section 29.1503(4)(a) above and, in addition, shall find adequate
evidence that each use in its proposed location will:
(i) Be compatible with the potential commercial development and use
of property planned to occur in area;
(ii) Represent the sufficiently desirable need for the entire community
that the loss of commercial land is justifiable in relation to the
benefit; and
(iii) Be consistent with all other applicable standards in the zone.
(e) Conditions. The Board may impose such additional conditions it deems
necessary for the general welfare, for the protection of individual property
rights, and for ensuring that the intent and objectives of this Ordinance will
be observed.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed
accessory building meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site and architectural plans and in addition to the facts
provided in the application, the following findings of fact and conclusions may be made
regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City.
Findings of Fact: The subject property is designated as "Highway-Oriented
Commercial" on the Land Use Policy Plan (LUPP) Future Land Use Map. The
zoning is "HOC" (Highway-Oriented Commercial). Properties to the north and
west of the site are also designated as "Highway-Oriented Commercial' on the
LUPP Map. The land to the east is designated as Low Density Residential. Most
of the existing development complies with the zoning and Future Land Use Map,
with the exception of this property. The property to the south designated as
"Government Land".
Conclusions: The subject property has been occupied by a multiple residential
use since it was constructed in 1968, as a permitted use. The proposed
accessory structure will not affect use of the property, other than the creation of
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an additional structure interior to the site. It should have no impact on
surrounding sites. Provided the property is consistently maintained, it can be
concluded that the property meets General Standard (i) for a Special Use
Permit.
Be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing and intended
character of the general vicinity and that such a use will not change the
essential character of the area in which it is proposed.
Findings of Fact: A 40' x 44' accessory structure is proposed. It will be located
adjacent to and connect with an existing accessory structure interior to the site.
The much of the central open space around the building will be paved for access
to the building. Other physical changes to the site will be minimal and only
disturb the area where the accessory structure is to be constructed. The height of
the structure is approximately 20 feet in height to the peak of the roof with large
roll up doors that are 10 feet in height. The zoning does not prescribe a
maximum size of the structure for apartments or commercial uses, for
comparison one and two-family uses accessory buildings are restricted in size to
900 square feet.
Conclusions: The location of the accessory structure will be interior to the
apartment complex and only visible when on site. The location of structure meets
minimum building separation requirements that would be expected between an
apartment building and another building (front yard setback of 25 feet). The
developer believes the remaining open space to the south of the building will be
adequate for the needs of the residents. Although the structure is large, it can
be found to be compatible with its immediate surroundings, it can be
concluded that the property meets General Standard (ii) for a Special Use
Permit.
Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
Findings of Fact: The general vicinity is primarily developed with a mix of
commercial and residential uses. The purpose of the accessory structure is to
store construction materials while renovating the apartments. Once the
renovation work is complete, it is not clear how the structure will be used as an
accessory building to the residential use. The building may not be used as off-
site storage facility or maintenance garage for other sites that are not part of this
property.
Conclusions: The accessory building with would not be disturbing or hazardous
to existing and future uses in the area. Therefore, it can be concluded that the
property meets General Standard (iii) for a Special Use Permit.
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(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structures, refuse
disposal, water and sewage facilities, and/or schools.
Findings of Fact: No additional public services will be required for the accessory
structure. There is no change to the emergency access to the site. It can be
served by existing infrastructure.
Conclusions: This property is already served by essential public facilities and
services. Therefore, it can be concluded that the property meets General
Standard (iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: No changes are proposed for the site or the existing buildings
on the property that rely upon public services.
Conclusions: The new use will not create additional requirements at a public cost
for public facilities. Therefore, it can be concluded that the property meets
General Standard (v) for a Special Use Permit.
(vi) Not involve uses, activities, processes, materials, and equipment or
conditions of operation that will be detrimental to any person, property, or
general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare, or odors.
Findings of Fact: The building is intended to store supplies during renovation of
the site. The proposed use will not produce glare or odors that would be
detrimental to any person, property, or general welfare. The renovations may
have these attributes, but they are construction activities that are incidental to
property ownership and not directly related to the proposed structure.
Conclusions: The proposed use will not create any additional traffic, noise,
smoke, fumes, glare, or odors from the site. Therefore, it can be concluded
that the property meets General Standard (vi) for a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact: The existing and proposed uses for the site are not permitted
uses for the subject property, within the "HOC' (Highway Oriented Commercial)
zoning district.
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Conclusions: Since the existing and proposed use are "nonconforming," it is not
possible to meet the intent and purpose of the "HOC" zone. However, the
existing residential development was approved and constructed under an
appropriate zoning classification. Section 29.307(2)(a)(i) allows for granting a
SUP to allow a nonconforming use to be enlarged, expanded or extended as
long as it complies with all requirements for the zone and does not create an
additional nonconformity. Although a change in the nonconforming use does not
meet criteria for the base zone, since the use is "nonconforming," it does meet
the intent of the Zoning Ordinance in allowing for non-conforming uses to
continue when they do not impact the surroundings or the intended use for the
area. In this case the primary frontage of the site is a driveway that provides
shared access to the apartment buildings and the adjoining commercial building.
The proposed expansion does not detract from the viability of the adjoining
commercial uses that are intended for the HOC zoned sites. On this basis, it
can be concluded that the property meets the General Standard (vii) for a
Special Use Permit.
Commercial Zone Standards.
(i) Be compatible with the potential commercial development and use of
property planned to occur in the area.
Findings of Fact: The proposed accessory structure will have no impact on the
existing commercial/office development to the north or the residential
development. It will not increase traffic or number of residents.
Conclusions: The proposed accessory structure will have no impact on the
existing commercial/office development to the north or the residential
development. It can be concluded that the development meets Commercial
Zone Standard (i) for a Special Use Permit.
(ii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
Findings of Fact: There will be no loss of commercial land with this proposal. The
accessory structure will be constructed within the footprint of an existing multiple-
family residential development.
Conclusions: Since no commercial land will be lost, it can be concluded that
the proposed use meets the Commercial Zone Standard (ii) for a Special
Use Permit.
(iii) Be consistent with all other applicable standards in the zone.
Findings of Fact: While the structure will be accessory to a residential
development, not allowed in the HOC district, it does comply with the district's
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development standards. It will comply with setbacks and building height of the
HOC district.
Conclusions: Since the accessory structure complies with all of the HOC
Development Standards, it can be concluded that the development meets
Commercial Zone Standard (iii) for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice
of public hearing was placed on the subject property.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow a Change in the Nonconforming Use in a Commercial Zone, at
3502 Lincoln Way, with the following condition:
A. The accessory structure shall be used for no other use than storage for
equipment and materials associated with the Lincoln Park Apartments.
B. The accessory structure may also be used for on-site accessory recreation or
amenity space.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow a Change in the Nonconforming Use in a Commercial Zone, at 3502
Lincoln Way, by finding that the project does not meet the criteria of Section
29.1503(4) and/or Section 29.307(2)(a).
3. The Zoning Board of Adjustment can refer this request back to the applicant or to
City staff for additional information.
RECOMMENDED ACTION:
The proposed request is novel in that is a storage building intended to support a large
scale renovation of the site. However, no long term use of the building has been
identified for large accessory structure. Staff has some concerns about the
appropriateness of the structure once the construction work is complete and how its use
will be consistent with the Zoning Ordinance and that it could be problematic to ensure
its compliance over time. The conditions included as part of Alternative 1 are meant to
establish the clear intended use of the building so as not to encourage future use that is
not accessory to the site.
As discussed in the findings above, the proposed improvement will have no effect on
the surroundings, but is most likely to impact the livability of the existing apartments
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through the loss of greenspace and the location of large structure within the center of
the site. It is important that although the apartment use is non-conforming that it is
maintained as an appropriate site for residential uses and desirable homes and that the
site overall continues to meet the needs of its residents, this includes open spaces and
parking that is accessory to the apartments. The proposed structure is set a minimum
of 30 feet away from an existing apartment building and appears to allow for most of the
central open area that was originally approved for the site. Staff concludes that the
proposed Special Use Permit request to allow a change in the Nonconforming Use in a
Commercial Zone is consistent with the standards required for granting of a Special Use
Permit provided the approval includes the condition described in Alternative #1.
Therefore, based upon the Findings of Fact and Conclusions above, it is the
recommendation of the Department of Planning and Housing that the Zoning
Board of Adjustment act in accordance with Alternative #1.
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